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have less opportunity to participate? you cannot go in and hold up signs for your favorite canada and call people of the phone and tell them how to vote if you are in prison. >> if they are in jail, they do not have an opportunity to participate. >> so what of the plain language argument? >> the courts chooses to examine the legislative history, so we covered the legislative history in our brief as well. >> i would like to present you with a hypothetical. suppose there is a state that has never had a law like this before and the legislature says that we cannot have a poll tax anymore and we cannot have literacy tests anymore, but there is a really good way to keep racial minorities from having their fair share of the political process. we will pass a felon disenfranchisement law for the express purpose of making sure that we have fewer minority voters. is that covered by section 2 of the voting rights acts? >> this is pretty much the situation. they simply look to equal protection of the 14th amendment and they spoke to discrimination. whether there is intentional discrimination,
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